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The Digest of Justinian

§9.3.2.pr

Difficulty in Identifying the Actor in Actions for Effusion

Explains the reason why it is practically impossible to determine which of the co-inhabitants threw down or poured out the object.

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[GAIUS libro sexto ad edictum prouinciale.]

[GAIUS in the sixth book on the Provincial Edict.]

§9.3.2.pr

​cum sane impossibile est1 scire, quis deiecisset uel effudisset,2

​since indeed it is impossible to know who had thrown down or poured out,

Syntax notes2 items
  1. 9.3.2.prcum ... est

    The conjunction cum is used here to express cause ("since"), and it takes the indicative mood (est) instead of the usual subjunctive to emphasize an objective fact.

  2. 9.3.2.prquis deiecisset uel effudisset

    This is an indirect question clause introduced by the interrogative pronoun quis, in which the verbs are in the pluperfect subjunctive (deiecisset, effudisset). It represents a completed action in the past relative to the present tense (est) of the main clause.

Translated by Gemini 3.5 Flash (published 2026-07-12)urn:cts:latinLit:phi2806.phi002.humanitext-lat1:9.3.2.pr